Supreme Court Report

Supreme Court of the United States · Official docket →

Morgenthau Venture Partners, LLC, et al. v. Robert A. Kimmel

Paid petition · District Court of Appeal of Florida, Fourth District, No. 4D18-895 · judgment September 27, 2018

Certiorari denied · June 10, 2019
Pre-decision estimate: 6% cert probability (95% interval 4%–10%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a business petitioner, and counsel who has filed here before.

Questions presented

  1. Whether the Florida court of appeal’s one-word refusal to compel arbitration disregards this Court’s decision in KPMG LLP v. Cocchi, 565 U.S. 18 (2011) that a blanket order denying arbitration without addressing the arbitrability of all claims violates the Federal Arbitration Act (“FAA”).

  2. Whether waiver defenses to a motion to compel arbitration under the FAA require a showing of prejudice.

Counsel of record

For petitioner
Peter Winslow Homer
Homer Bonner Jacobs, P.A.

For respondent
Adam Ross Pulver
Public Citizen Litigation Group

Case

Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Linked docket
18A757

Order
Order list, June 10, 2019 · Certiorari denied

Proceedings

  1. Jun 10 2019
    Petition DENIED.
  2. May 21 2019
    DISTRIBUTED for Conference of 6/6/2019.
  3. May 21 2019
    Reply of petitioners Morgenthau Venture Partners, L.L.C., et al. filed. (Distributed)
  4. May 06 2019
    Brief of respondent Robert A. Kimmel in opposition filed.
  5. Mar 22 2019
    Motion to extend the time to file a response is granted and the time is extended to and including May 6, 2019.
  6. Mar 20 2019
    Motion to extend the time to file a response from April 5, 2019 to May 6, 2019, submitted to The Clerk.
  7. Mar 04 2019
    Petition for a writ of certiorari filed. (Response due April 5, 2019)
  8. Jan 25 2019
    Application (18A757) granted by Justice Thomas extending the time to file until March 4, 2020.
  9. Jan 17 2019
    Application (18A757) to extend the time to file a petition for a writ of certiorari from January 31, 2020 to March 4, 2020, submitted to Justice Thomas.
    Main Document